Blog

As the holiday season approaches, it is a good time for associations to consider its authority regarding outdoor holiday decorations. Every community is different, and opinions vary about when the holiday decorations should be put up and “how much” is “too much.” Some people want to start decorating for the holidays on November 1, while […]

When faced with a reoccurring issue in a condominium, the Board of the Directors may want to consider implementing a restriction as a long term solution to the problem. For example, after increasing complaints of loud music at late hours, the Board of Directors may consider a restriction as to when and to what extent […]

Section 720.3045, Florida Statutes was created during the recent legislative session as part of House Bill 437. This section prevents associations from restricting the installation, display and storage of “any item” on a parcel that is not visible from the parcel’s frontage or an adjacent parcel, unless same are prohibited by general law or local […]

What if there is a leak in the unit; whose insurance covers the damage? There are usually three parties to this type of situation: 1) the owner who caused the leak; 2) the other owners damaged by the leak; and 3) the Association. All three parties should put their insurance carriers on notice. The Association […]

Can a non-owner be a Board member in a Condominium? Every year this question comes up in one form or another. In some cases, it is a spouse who is not on the deed who wants to be on the Board. In other cases, someone who is on the Board moves away but his/her term […]

Community association officers and directors have a fiduciary relationship to the owners of homes or units in their community. Typically, this relationship is understood as officers and directors having the obligation to act in the best interests of the association and to refrain from obtaining or accepting personal benefits at the expense of the association. […]

In 1988, Congress added “familial status” – defined to include those family groups with children under 18 – to the list of protected groups under the Fair Housing Act (“FHA”). Since that time, condominiums and homeowner’s associations have been discovering that various rules regulating or prohibiting use of the association’s facilities by persons under 18 […]

What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members? In the case, Young v. Tortoise Island Homeowners Association, Inc., the court reasoned that, in the absence of an existing pattern or scheme of architecture which puts purchasers on notice that only […]

While there has been a lot of buzz about changes made in the 2023 Florida Legislative Session to laws affecting our Association clients, one potentially important change has been largely overlooked. The seemingly innocuous flag bill – House Bill (HB) 437 — creates the new Florida Statute 720.3045 prohibiting homeowners’ associations from regulating certain backyard storage.

In 1968 the Federal Fair Housing Act (also known as Title VIII of the Civil Rights Act) was enacted to prohibit discrimination based on race, color, religion, sex, or national origin. Subsequently, in 1988 the Act was amended to add discrimination based on disability and family status and in 1995 the Housing for Older Persons […]

The Marketable Record Title Act’s (MRTA) purpose is to extinguish old interests and use restrictions on lands and to allow for land sales to be completed more easily and with less expense. Unfortunately, aged homeowners’ association covenants are amongst the interests that can be extinguished by MRTA, and preventing such extinguishment is a very important […]

If you are living in a homeowners association you probably know that the Association cannot prohibit the installation of solar panels (or “solar collectors”). But what about a request to install such devices on the roof of a condominium? Section 163.04, Florida Statutes, provides: A deed restriction, covenant, declaration, or similar binding agreement may not […]

As mentioned in Part 1, published in last month’s community update, an association can prohibit smoking in the common elements/common areas by adopting a Rule. An association may also want to prevent smoking on balconies and patios. If the balconies and patios are limited common elements, then just like the common elements, the association can […]

In 1989, in the wake of a series of serious injuries caused by pit bulls, most notably the mauling of a 7-year-old girl and her mother, Miami-Dade County adopted an ordinance making it illegal for residents to own or keep an American Pit Bull, American Staffordshire Terrier, Staffordshire Bull Terrier, or any other dog whose […]

Secondhand smoke is formed from a burning cigarette or the smoke exhaled by the cigarette smoker. Secondhand smoke contains over 7,000 chemicals, hundreds of which are toxic and nearly 70 can cause cancer. From 1964 to 2014, the Surgeon General reported that 2.5 million nonsmoking adults died from inhaling secondhand smoke. These are scary numbers […]

It’s that time of year again. As the days get longer and the weather gets hotter, we know that hurricane season is fast approaching. Therefore, this is a good time to review some of the “best practices” to prepare for and protect the association in the event a hurricane comes our way.

The Florida statues governing community associations often provide timeframes for notice to owners before the association can proceed with action, including passage of special assessments, adoption of fines and collections. While some statutory sections allow for “substantial compliance” with the statutory requirements, associations should be aware that the statutory timeframes require “strict compliance.” This means […]